WVC 7 - 7 - 7
§7-7-7. County assistants, deputies and employees; their number
and compensation; county budget.
(a) The county clerk, circuit clerk, sheriff, county assessor
and prosecuting attorney, by and with the advice and consent of the
county commission, may appoint and employ, to assist them in the
discharge of their official duties for and during their respective
terms of office, assistants, deputies and employees. The county
clerk may designate one or more of his or her assistants as
responsible for all probate matters.

(b) The county clerk, circuit clerk, sheriff, county assessor
and prosecuting attorney shall, prior to March 2 of each year, file
with the county commission a detailed request for appropriations
for anticipated or expected expenditures for their respective
offices, including the compensation for their assistants, deputies
and employees, for the ensuing fiscal year.

(c) The county commission shall, prior to March 29 of each
year by order fix the total amount of money to be expended by the
county for the ensuing fiscal year, which amount shall include the
compensation of county assistants, deputies and employees. Each
county commission shall enter its order upon its county commission
record.

(d) The county clerk, circuit clerk, sheriff, county assessor
and prosecuting attorney shall then fix the compensation of their
assistants, deputies and employees based on the total amount of
money designated for expenditure by their respective offices by the county commission and the amount expended shall not exceed the
total expenditure designated by the county commission for each
office.

(e) The county officials, in fixing the individual
compensation of their assistants, deputies and employees and the
county commission in fixing the total amount of money to be
expended by the county, shall give due consideration to the duties,
responsibilities and work required of the assistants, deputies and
employees and their compensation shall be reasonable and proper.

(f) After the county commission has fixed the total amount of
money to be expended by the county for the ensuing fiscal year and
after each county official has fixed the compensation of each of
his or her assistants, deputies and employees, as provided in this
section, each county official shall file prior to June 30, with the
clerk of the county commission, a budget statement for the ensuing
fiscal year setting forth the name, or the position designation if
then vacant, of each of his or her assistants, deputies and
employees, the period of time for which each is employed, or to be
employed if the position is then vacant, and his or her monthly or
semimonthly compensation.

(g) All budget statements required to be filed by this section
shall be verified by an affidavit by the county official making
them. Among other things contained in the affidavit shall be the
statement that the amounts shown in the budget statement are the
amounts actually paid or intended to be paid to the assistants, deputies and employees without rebate, and without any agreement,
understanding or expectation that any part thereof shall be repaid
to him or her, and that, prior to the time the affidavit is made,
nothing has been paid or promised him or her on that account, and
that if he or she shall thereafter receive any money, or thing of
value, on account thereof, he or she will account for and pay the
same to the county. Until the statements required by this section
have been filed, no allowance or payments shall be made to any
county official or their assistants, deputies and employees.

(h) Each county official named in this section shall have the
authority to discharge any of his or her assistants, deputies or
employees by filing with the clerk of the county commission a
discharge statement specifying the discharge action: Provided, That
no deputy sheriff appointed pursuant to the provisions of article
fourteen, chapter seven of this code, shall be discharged contrary
to the provisions of that article.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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